Why It Matters

Federal courts have uniformly upheld ranked-choice voting (RCV) as constitutional, while Maine's state courts have twice found it conflicts with the state constitution's plurality requirements for certain offices, according to a new Congressional Research Service (CRS) report. ​

RCV has been adopted in nearly 50 jurisdictions across the United States, including for statewide and federal elections in Maine, Alaska and Washington, D.C., while almost two dozen states have enacted laws prohibiting it in various elections.

The report says the federal government maintains significant authority over federal elections under Article 1, Section 4, of the U.S. Constitution, and it cites four bills in the 119th Congress: one would prohibit ranked-choice voting (RCV) in federal elections, one would prohibit it in Washington, D.C., elections, and two would require it for federal congressional elections.

The Big Picture

In 2011, the Ninth Circuit in Dudum v. Arntz upheld San Francisco's instant-runoff system, holding that any burdens on voters' constitutional rights were "minimal at best."

In 2018, the U.S. District Court for the District of Maine in Baber v. Dunlap rejected constitutional challenges and a Voting Rights Act claim, ruling for state election officials. The same court later upheld Maine's use of RCV for the 2020 U.S. Senate election in Hagopian v. Dunlap. At the state level, the Maine Supreme Judicial Court's 2017 advisory opinion concluded that RCV conflicted with the state constitution's plurality requirements for certain state offices. Maine enacted legislation in 2025 attempting to conform RCV to those requirements. The court's 2026 advisory opinion again found the legislation violated the state constitution, concluding that the concept of "votes" in the Maine Constitution "refers to the votes recorded on ballots" and does not allow for the additional tabulations RCV requires.

The Make Elections Great Again Act (H.R. 7300) would amend the Help America Vote Act (HAVA) to prohibit ranked-choice voting (RCV) in federal elections. The Ranked Choice Voting Act, sponsored by Rep. Jamie Raskin (D-MD) in the House and Sen. Peter Welch (D-VT) in the Senate, would require RCV for House and Senate elections and provide payments to states for implementation; both measures have been referred to committee. The Fair Representation Act, sponsored by Rep. Donald S. Beyer, Jr. (D-VA), would mandate RCV for federal congressional elections; it has been referred to committee.

Washington, D.C., adopted RCV through a 2024 ballot initiative, and the system began in eligible contests in the June 2026 primary. The District of Columbia One Vote One Choice Act, sponsored by Rep. Michael Lawler (R-NY), would amend the Help America Vote Act (HAVA) to prohibit RCV in all D.C. elections; it has been referred to the House Committee on House Administration.

The Bottom Line

The report notes that Congress may also condition the receipt of federal funds for state or local elections on compliance with federal requirements, relying on its Spending Clause authority.

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